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Madras High CourtCRL OP/12447/2026granted

Vijayalakshmi v. State Rep. By Inspector Of Police

2026-05-14Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Vijayalakshmi

2. Vasantharaj ..Petitioner(s) Vs State Rep. by Inspector of police Saibaba Colony Police Station, Coimbatore City Crime No. 186/20206 ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the Petitioner on bail in the event of arrest in connection with Crime No. 186 of 2026 on the file of the respondent.

For Petitioner(s):

Mr.C.Gunasekaran For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offences punishable under Sections 306, 317(2) of BNSS Act in Crime No.186 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that during the second week of February 2025, gold ornaments weighing about 28 sovereigns belongs to the defacto complainant kept in safe custody, were found missing. Upon enquiry and

investigation, the respondent police found the involvement of the petitioners and others in the commission of offence. Hence, the case was registered.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to furnish substantial sureties for their due release and to abide by any conditions that may be imposed by this Hon'ble Court. He further submit that the alleged occurrence took place on 01.10.2024 and the FIR was registered only on 03.04.2026 and therefore, he prayed to grant anticipatory bail to the petitioners. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners, reiterated the prosecution case and submitted that substantial portion of the gold ornaments were recovered and the remaining portion is yet to be recovered and the investigation in this case is still in progress. 5.

Considering the rival submissions made on both sides, substantial portion of the gold ornaments were recovered, petitioners have no previous bad antecedents and since there is a enormous delay in filing the FIR, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.VI, Coimbatore on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;

[c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned

Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

13-05-2026 Index: Yes/No Speaking/Non-speaking order JAI Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Inspector of police Saibaba Colony Police Station, Coimbatore City.

2. The Judicial Magistrate No.VI, Coimbatore.

3. The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

JAI 14-05-2026